Would a big-name magazine rip somebody off?

[Picture North Carolina]

Got a request from a well-known magazine for images that were shot for a smaller magazine and published about a year ago. Because I had already prepared proofs a year ago for the small mag, I just sent them the the W-K mag. The proofs were 300 dpi jpegs, 6-up on a 8 1/2 x 11 sheet. Because the small mag is an old, trusted client, they were not watermarked and had no (C) notice on them. I emailed 6 sheets to the W-K.

The W-K mag selected images. Since being notified of this, I have emailed and called the W-K about payment, which images, etc. They will not respond, return calls, etc. Completely ignoring my requests.

I guess I'm asking if a W-K mag is any different than any other scumbag that would rip off a photographer. And if I made a mistake in sending proofs with no wmark or (C). I guess I just figured a known publication would be more responsible, ethical, etc. than others.

Was my behavior naive? Do trusted names rip off people just like everybody else does? And what to do at this point.

[bobinatcat]

i have no experience in the matter but it sounds like you may have been used, if they refuse to contact you.

[Mark1]

DTA. Never send without watermarks. Especially if the request is out of the blue and unexpected. Even repeat clients get the watermark.

I would trust the bigger mags less than the little ones. Little mags are put togather by like 6 people its hard to shift the blame. A big mag can have like 200 people, way to many chances for someone to drop the ball. By the way you state it here, it sounds like they found other art for the issue.

And how did you get jpegs on the board? You mean you sent prints right?

[cory1848]

Register your images with the copyright offices and issue an intent to sue notification. Let them ignore that.

[adam8080]

Were the images actually used in print?

[breal101]

adam8080 asked a good question, magazines often work months in advance of publication. It may be that they haven't made a final decision yet and you might be jumping the gun. Just a guess of course. It would still be a good idea to register the images just in case.

[Picture North Carolina]

And how did you get jpegs on the board? You mean you sent prints right?

No prints. 300 dpi jpegs proof sheets, 6-up to a sheet, emailed as attachments, which would mean each image would be approx. 3 1/2 inches across.

Were the images actually used in print?

adam8080 asked a good question, magazines often work months in advance of publication. It may be that they haven't made a final decision yet and you might be jumping the gun. Just a guess of course. It would still be a good idea to register the images just in case.

No. It's for a June issue. They told me they were past deadline now. The people I have talked to (before I started getting the cold shoulder) told me they were definitely going to use them because they had exhausted all other resources including stock agencies and could not find what they wanted.

Mark 1 - yer' right. I should have known better. As Fox Mulder tried to teach us: "Trust no one."

[adam8080]

I'm sure they are always past deadline...

Anyways, register them and wait.
You can also send them mail with a delivery report.

[sfaust]

What is their normal policy on payment. Some have terms where payment is being issued only after publication.

In either case, the fact they aren't returning calls means something. Maybe they are in financial trouble and trying to extend payment, the contact may be on vacation, etc. If you come to the realization that they just aren't calling back because they are avoiding you, a letter from an attorney outlining your intentions to either collect or pursue infringement could get them talking. It may mark the end of the relationship, but if they already aren't calling......

[Mark1]

No prints. 300 dpi jpegs proof sheets, 6-up to a sheet, emailed as attachments, which would mean each image would be approx. 3 1/2 inches across.



I got ya. Im still thinking of when everything was submited in a portfolio.

[Picture North Carolina]

What is their normal policy on payment. Some have terms where payment is being issued only after publication.

In either case, the fact they aren't returning calls means something. Maybe they are in financial trouble and trying to extend payment...

Agree on both counts. Every one I work with pays when the publication hits the streets and goodness, yes... they're all having financial problems. The magazine sector is a mess.

[sspellman]

CH-

You haven't been doing this for very long have you? Only about 25% of the projects I discuss, bid, or submit images for actually happen as planned. If a business has not responded after an initial submission of proof images, the most likely scenario is simply-they don't want them. Either the article is delayed or canceled or they found other images. In any scenario, you can't possibly do anything until you know the images have been published. Making accusations without any indication is going to burn alot of bridges before they are even built.

-Scott

[sfaust]

In any scenario, you can't possibly do anything until you know the images have been published.

Good point scott. I was under the assumption they were already published, but reading back I can see that may not be the case.

[Picture North Carolina]

CH-

You haven't been doing this for very long have you? Only about 25% of the projects I discuss, bid, or submit images for actually happen as planned. If a business has not responded after an initial submission of proof images, the most likely scenario is simply-they don't want them. Either the article is delayed or canceled or they found other images. In any scenario, you can't possibly do anything until you know the images have been published. Making accusations without any indication is going to burn alot of bridges before they are even built.

-Scott

Been working for publishers quite a long time, Scott, and am well aware of what you say. But appreciate your help. To repeat what I said earlier, this case was different because they told me they definitely were going to use the images. They said so because they told me I was their last resort - their explanation was that they had exhausted every source from stock to whatever and hesitated contacting me because they did not want to use previously-published images, but had no choice.

And yes, I had already planned on waiting. There's additional things going on I didn't think relevant to the initial post such as it all damaging a relationship with an unrelated third party, and this (local) relationship is much more important to me than the (problematic) magazine who is located in NY. So more than one bridge could be burned here. ;) But thanks for the help.

[xn2b8r]

Having worked at several well-known magazines, I can attest to the fact that nothing is ever really final until it's printed, and even then it changes sometimes. But it would be very unusual for a well-known magazine to publish anything without a photographer's release, a model release, a contract (for assigned work) or an invoice (for stock). If they publish your work, you can invoice them for the usage and specify on the invoice what rights they are getting (1st time North American, etc.). Don't give up all rights. Or you could go directly to their legal department. If they really are treating you badly, it's probably an oversight and their lawyers will want to resolve it quickly, secure the rights to the usage, and protect the magazine. That always means they'll pay up.

[jblaschke]

Texas Monthly ripped me off on an article a decade ago. Their submission requirements demanded you submit a detailed outline, and a proposal including sources, etc. They told me "no thanks" and then handed my outline to one of their staff writers. I found out after the article hit the newsstands, and several other writer friends informed me the same thing happened to them.

So yeah, major markets will indeed rip you off. Be wary.

[motion_projekt]

Register your images with the copyright offices and issue an intent to sue notification. Let them ignore that.

what Cory said. i had a friend do that. he made off with $7k.

[Picture North Carolina]

Having worked at several well-known magazines, I can attest to the fact that nothing is ever really final until it's printed, and even then it changes sometimes. But it would be very unusual for a well-known magazine to publish anything without a photographer's release, a model release, a contract (for assigned work) or an invoice (for stock). If they publish your work, you can invoice them for the usage and specify on the invoice what rights they are getting (1st time North American, etc.). Don't give up all rights. Or you could go directly to their legal department. If they really are treating you badly, it's probably an oversight and their lawyers will want to resolve it quickly, secure the rights to the usage, and protect the magazine. That always means they'll pay up.

Wise advice. Thank you.

[Picture North Carolina]

Texas Monthly ripped me off on an article a decade ago....

So yeah, major markets will indeed rip you off. Be wary.

what Cory said. i had a friend do that. he made off with $7k.

I guess the bottom line is that photography is no different than any other business in that in it you will find people practicing a wide range of ethics. Unfortunately, just about every barrel has a bad apple or two. The only thing to do at this point is wait.

[Alleh]

Make sure they are registered and you will be fine. They can’t run them without your permission and if they do they will be obligated to pay your bill or be sued. You are probably just jumping the gun a little. Magazines don't always work that fast.

[sfaust]

Magazines don't always work that fast.

From my experience, 30-90 days for payment once they accepted the assignment. Sometimes that because they've accepted the images before publication, say 30 days, and they pay 30 days after publication, so there is 60 days right there.

I find the ones that pay the quickest are the smaller regional magazines, and the slowest are the well known national magazines. Must be bureaucracy at its finest ;)

[chakalakasp]

Got a request from a well-known magazine for images that were shot for a smaller magazine and published about a year ago. Because I had already prepared proofs a year ago for the small mag, I just sent them the the W-K mag. The proofs were 300 dpi jpegs, 6-up on a 8 1/2 x 11 sheet. Because the small mag is an old, trusted client, they were not watermarked and had no (C) notice on them. I emailed 6 sheets to the W-K.

The W-K mag selected images. Since being notified of this, I have emailed and called the W-K about payment, which images, etc. They will not respond, return calls, etc. Completely ignoring my requests.

I guess I'm asking if a W-K mag is any different than any other scumbag that would rip off a photographer. And if I made a mistake in sending proofs with no wmark or (C). I guess I just figured a known publication would be more responsible, ethical, etc. than others.

Was my behavior naive? Do trusted names rip off people just like everybody else does? And what to do at this point.

Step 1. Register your copyrights on the images.
Step 2. Become a subscriber of the magazine.

If you see your images published without license,

Step 3. Ring up an IP attorney.